Other Free Encyclopedias » Law Library - American Law and Legal Information » State Laws and Statutes » Negligence laws - Information on the law about Negligence - Contributory Negligence, Contribution Among Tortfeasors, The State Of The Law - Comparative Fault

Negligence laws - Information on the law about Negligence - Contributory Negligence

party fault recovery percent

When contributory negligence first appeared in the repertoire of personal injury lawyers, the standards of proof needed to succeed were quite high and very severe. Originally, under the doctrine of contributory negligence if it were shown that the plaintiff contributed in any way to his injuries, he was barred from any recovery. This has been modified over time to permit the plaintiff to recover even if he contributed to his injuries, as long as his fault is under 50 percent. In these cases, recovery is relative to fault. For instance, if a jury finds a party's injuries worth $100,000 and holds that the party was 25 percent at fault, the party's recovery would be $75,000. On the other hand, if the jury found the party 60 percent at fault, the party would be barred from any recovery.

Negligence laws - Information on the law about Negligence - Contribution Among Tortfeasors [next]

User Comments

Your email address will be altered so spam harvesting bots can't read it easily.
Hide my email completely instead?

Cancel or